Top-tier Firm rankings

Turkey

Dispute resolution

Cosar Avukatlik BĂŒrosuâs dispute resolution department handles litigation and arbitration arising from disputes related to M&A, construction and energy law. The team is recommended for its ability to handle âcomplex commercial and investment treaty arbitrationsâ and is led by âextremely intelligent strategic-thinkerâ Utku CoĆar. In one ongoing highlight, the firm is representing a private equity investor in an ICC arbitration regarding a post-acquisition dispute. The âknowledgeable and reliableâ Suat Sari is another key figure.

2018 has been a turbulent year in the Turkish economy and by extension significant
changes has taken place in the Turkish foreign exchange rules which was mainly
triggered by the recent overshooting in the foreign exchange rates against
Turkish lira.

State courts have very important functions concerning
arbitration proceedings. These functions may aim to provide assistance to
arbitration proceedings, such as collection of evidence through state courts,
which would support the functions of the tribunal, or functions aimed at
supervision of arbitration proceedings, such as set-aside actions. The legal
provisions regulating these functions play an important role in the
determination of whether a particular state has an arbitration-friendly
legislation.

At the 2016 Annual Meeting of the Administrative Council, the International Centre for Settlement of Investment Disputes ("ICSID") launched an amendment process on its' rules and regulations ("ICSID Rules and Regulations"). This has been the fourth amendment process since 1984, 2003 and 2006. As per Article 6 of the ICSID Convention, the amendments will only be effective upon the approval of two-thirds of the contracting states2. Hence, ICSID invited contracting states and the public3 to provide their amendment suggestions on topics worthy of consideration, which will be used as background papers throughout the process.

Article 209 of Turkish Commercial Code No. 6102 ("TCC") has set forth obligations that are subject to damage caused by the trust and reputation of the parent company, as created with society and the consumer. Accordingly, "in the event that the reputation of the parent company and the group of companies reaches a certain level which provides trust to society or the consumer, the parent company is liable for the trust created by utilization of this reputation".

Trademarks are the vehicles that are used to differentiate companies one from the other. They help to capture the consumers' attention. It is essential and necessary to protect trademarks that are created and improved with capital and effort, from unrightful use by third parties, and to prevent the encroachment of trademarks through confusion. One of the most efficient functions of intellectual property law is to encumber imitations, and to halt improper benefit by using the popularity of the trademarks to their consumers. On the other hand, in our daily lives, we often see trademarks that are similar, and may wonder how they co-exist at the same time. In this article, we will shed light on the reasons why similar trademarks can be registered, the criteria that cause trademark confusion, and the remedies to prevent and/or remove these infringements.

The Capital Markets Board (" CMB ")
issued an announcement on September 27, 2018, on its website and addressed the
much-disputed status of digital tokens and Initial Coin Offerings (" ICO "). In this announcement, the
Capital Markets Board stated that it does not regulate or supervise ICOs, and also
noted that it does not regulate or supervise most practices in which blockchain
technologies are being used, such as cryptocurrency offerings and token
offerings.